What follows is a discussion of the laws governing refrigerants and technicians who work on air-conditioning systems. Most people will find it tedious. So feel free to skip it.
I like to try to read the laws for myself, but more often than not I find it an unpleasant exercise. This is proving to be the case with the laws governing who can work on A/C systems and the regulations governing refrigerants. After reading several conflicting interpretations, I have concluded that section
608 of the Clean Air Act does in fact prohibit the discharge of refrigerants, including non-exempt substitute refrigerants, of which r-134a is one.
40 CFR § 82.161 seems to be the relevant law governing who can work on said equipment.
At first glance 40 CFR § 82.16 seems pretty clear, however I believe that there is some room for the idea that the owner of a vehicle is not a technician as indicated (see the paragraph at the end of this section):
§ 82.161 Technician certification.
Until January 1, 2018, this section applies only to technicians and organizations certifying technicians that maintain, service, or repair appliances containing class I or class II refrigerants. Starting on January 1, 2018, this section applies to technicians and organizations certifying technicians that maintain, service, or repair appliances containing any class I or class II refrigerant or any non-exempt substitute refrigerant.
(a) Certification Requirements.
(1) Any person who could be reasonably expected to violate the integrity of the refrigerant circuit during the maintenance, service, repair, or disposal of appliances (as follows in this paragraph) containing a class I or class II refrigerant or a non-exempt substitute refrigerant must pass a certification exam offered by an approved technician certification program.
(i) Persons who maintain, service, or repair small appliances must be certified as Type I technicians.
(ii) Persons who maintain, service, repair, or dispose of medium-, high-, or very high-pressure appliances (except small appliances, MVACs, and MVAC-like appliances) must be certified as Type II technicians.
(iii) Persons who maintain, service, repair, or dispose of low-pressure appliances must be certified as Type III technicians.
(iv) Persons who maintain, service, repair, or dispose of all appliances described in paragraph (a)(1)(i) through (iii) of this section must be certified as Universal technicians.
(v) Technicians who maintain, service, or repair MVAC-like appliances must either be certified as Type II technicians or be certified in accordance with 40 CFR part 82, subpart B.
(vi) Persons who maintain, service, or repair MVAC appliances for consideration must be certified in accordance with 40 CFR part 82, subpart B.
(vii) Persons who dispose of small appliances, MVACs, and MVAC-like appliances are not required to be certified.
(2) Apprentices are exempt from the requirement in paragraph (a)(1) of this section provided the apprentice is closely and continually supervised by a certified technician while performing any maintenance, service, repair, or disposal that could reasonably be expected to release refrigerant from an appliance into the environment, except those substitute refrigerants exempted under paragraph (a)(1) of this section. The supervising certified technician and the apprentice have the responsibility to ensure that the apprentice complies with this subpart.
(3) The Administrator may require technicians to demonstrate at their place of business their ability to perform proper procedures for recovering and/or recycling refrigerant, except those substitute refrigerants exempted under paragraph (a)(1) of this section. Failure to demonstrate or failure to properly use the equipment may result in revocation or suspension of the certificate. Failure to abide by any of the provisions of this subpart may also result in revocation or suspension of the certificate. If a technician's certificate is revoked, the technician would need to recertify before maintaining, servicing, repairing, or disposing of any appliances.
(4) (i) Technicians certified under this section must keep a copy of their certificate at their place of business.
(ii) Technicians must maintain a copy of their certificate until three years after no longer operating as a technician.
Definition of the term technician as used in 40 CFR § 82.161
Quote:
Technician means any person who performs testing, maintenance, service, or repair that could reasonably be expected to release halons from equipment into the atmosphere. Technician also means any person who performs disposal of equipment that could reasonably be expected to release halons from the equipment into the atmosphere. Technician includes but is not limited to installers, contractor employees, in-house service personnel, and in some cases, owners.
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Since I believe that the laws should always be interpreted to favor individual liberty, I am concluding that an owner is not a technician as contemplated by
40 CFR § 82.161, and therefore not subject to the regulations herein. I could be convinced otherwise if I were to encounter case law which show that courts have found consistently otherwise, but in the meantime I am going to act like a man in possession of a broad set of liberties.